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The following development projects shall be exempt from the requirements of this article:

a. Reconstruction of any existing residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor of the State of California, a local emergency declared by the City Council or from fire, flood or other private calamity. Any reconstruction, or portion thereof, which is not substantially equivalent to the damaged or destroyed property shall be deemed to be new construction and shall be subject to the applicable fee.

b. Replacement of an existing building which is constructed within twelve (12) months of the building’s demolition or destruction shall be exempt from fees established pursuant to Section 3-8.2; provided, that:

1. The replacement building is not larger than the existing building and produces no additional vehicular trips over and above those produced by the existing use, as determined by the City Manager in consultation with the City Engineer; and

2. Any square footage above the existing building size shall pay the fees provided in Section 3-8.3c equivalent to the additional square footage constructed;

3. Any other exemptions provided for under State law and/or as provided for in the resolution adopting the fees under Section 3-8.3;

4. Any claim of exemption with respect to any one (1) or more of the fees referenced in Section 3-8.2 must be made no later than the time of application for a building permit as may be applicable. (Ord. #247-2020, S2 (Exh. A))